New Owner not getting on with horse ??

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Silver-Dove

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A friend of ours sold her lovely gelding to a lady 4 months ago. He apparently went to a very nice home. Our friend did email and text the lady when he first was sold to see how they were getting on, but heard nothing back. She has now received a threatening letter saying the horse is dangerous and has bucked her off and he is going to another yard to be sold on. The letter says she has to buy the horse back within 24 hours of the date of the letter, or the lady will claim against her in court if she loses money on the horse and will claim for livery bills, vetting, tack etc.

The horse was lovely, the lady came twice to try him and brought 2 different people with her for 2nd opinions, she also had the horse vetted. Where does my friend stand as she has no way of buying the horse back ???????? Thank you:confused:
 
Was there any kind of sales contract signed or details on the signed receipt to say he was sold fit, sound and well balanced?

To be honest its a bit weird, why the hell didnt she call sooner and discuss it? I would be furious at recieving a letter like that and would be on the phone to the idiot straight away. How dare she write a threatening letter when she had made absolutley no effort staying in touch!

Sorry cant give any advise but didnt want to read and run. Best of luck to your friend and the poor bloody horse.
 
If your friend is not a dealer, I don't think the purchaser has a leg to stand on, buyer beware and all that. I would just ignore the letter, shame for the horse though.
 
Rediculous! When I was having problems with my mare at first I regularly rang the old owners asking questions. I even tracked down some of the old owners so I could get a good understanding of her.
If you're having problems with a new horse then you ask the people that know her the best.

Stupid woman :(
 
Hi, my friend is not a dealer, only ever owned 2 horses all her life, but she is asking me whether she should reply to the letter and i dont know, i have never been in a situation like that before.
 
When I sold my daughters pony the buyer said she was suitable after less than 48 hours. She took me to court as I refused to take the pony back, I did offer to help which was refused. I was made by the court to take the pony back and pay livery shoes etc. I'm not sure if it would be the same after 4 months.
 
Firstly your friend should not buy the horse back - she is under no moral or legal obligation to do so. She might want to offer to go and help the woman with the horse.
 
Back when I sold an old one of mine [privately], who DID have issues all of which were stated and had emails to prove and sold for an offer a lot less than what I'd paid for him to go to what seemed like a good suited home [stupid me]...I also heard nothing. And then had a reply to my email a few months on finally, which was also 'not that nice'.

I was not in the best of moods that day anyway, and rather than wait to simmer and think and then reply back, I replied back straight away, matching point to point everything that had been written, along with bold, highlighted quotes from previous emails and a variety of numbers to call, and also matched her word for word with legal threats from my end to match her threats.

Was I 'rude'? Not at all. Just extremely blunt and to the point and was not taking any crap from it as I had sold that horse for considerably less out of 'softness' of what I thought was going to be the perfect home.
Had a very back pedalling email and grovelling person after the reply! Nothing more came of it and even got forwarded the horse's new home and update and apology for behaviour.


If it's all straight laced regarding the horse from your friends end, then they're bluffing and not really much they can do. :) Tell them to stick it, sell it if they can't handle it and move on. If he's going to another yard to be 'sold on' but then gives her 24 hours to pay for him, then she's contradicting herself there. She's under no obligation to buy her horse back if it is a genuine, no past bad history horse.
 
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The horse has already been sent to a dealing yard to be sold on, so my friend has no chance to try and give advice or go and see the horse and try to see whats wrong, the lady has never contacted her till now, its all very weird
 
She should reply to the letter but ideally take advice first - legal if possible, otherwise citizen's advice or trading standards. She could try going through her insurance company as some offer free legal advice (house rather than horse insurance).

I would think her reply would say that she is not a dealer, offered no warranty or refund, and is not obliged to take the horse back as it was a private sale. It will go in her favour (if the buyer takes her to court) that she has heard nothing for months. That is a long time for a horse to be misbehaving and for the new owner to keep on trying without contacting her to see if she will take it back. Equally the buyer is being unreasonable in allowing only 24 hours to buy the horse back - this is a ridiculously short time period to make a decision and the necessary arrangements.

They are probably hoping that she was so fond of it that she will buy it back for the horse's sake.
 
Well it's not reasonable for your friend to have to reply in twenty four hours was it a solicitors letter or one from the seller ?
TBH your friend needs proper advice tomorrow.
 
A friend of mine sold a horse (I think it was either 2, or had maybe just turned 3) and it was unbroken. The people who bought it saw it free lunged, and said that they didn't get any of the youngstock they bought, vetted and bought it as seen.

A few months later, they wrote a threatening letter to my friends as the horse had been discovered lame and investigations had shown that it was a degenerative condition (can't remember what it was). She basically wanted a full refund and was threatening solicitors, court and so on. My friends sought legal advice and the lawyer advised them what to write in their letter back to her. There was another letter from this person, another one from friend's solicitor and that's the last they heard of it. I really do think that people try it on sometimes but will give up before it gets to the court stage.

Sounds to me like they're trying it on.
 
Think i would reply sold as seen/tried/vetted and can't be held responsible for any issue (behavioral or otherwise) the horse has developed in her 4 months of ownership.

Does she belong the BHS?
 
Silver-Dove said:
The horse has already been sent to a dealing yard to be sold on, so my friend has no chance to try and give advice or go and see the horse and try to see whats wrong, the lady has never contacted her till now, its all very weird
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Put money on her having just realised how much horses cost in winter both in time and money!
 
Hi, no she doesnt belong to the BHS, but i will tell her to get some advice tomorrow, the sad thing is her situation has changed and there is no way on earth she could buy the horse back, she simply does not have the money. The letter wasnt an official one, just one the lady wrote herself, oh and i dont think its down to the new owners not having the money to keep him, they were apparently very very rich !!
 
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Tell your friend to contact consumer direct and ask them for advice. I did speak to them and a solicitor who told me the buyer didn't have a leg to stand on as it's "buyer beware" when it's a private sale. What I went through was a farse from start to finish, the judge didn't know one end of a horse to the other. I hope your friend doesn't have to go through what I had to, it was very stressful, and I will never sell another horse. Hopefully they are calling your friends bluff.
 
We sold a pony once on loan with view to buy £200 deposit paid. They had the pony the whole six week summer holiday then returned it saying it didn't hunt so they didn't want it! They then tried to claim worming cost teeth cost vaccination cost a saddle fitting cost :-0 it went to court and because mum had not got a singed receipt to say sold as seen the court made her pay the £200 deposit back. But they agreed that she didn't have to pay the costs of everything else as they accepted responsibility for the animal by taking it in the first place, therefore any requirements were to be met by them! Sadly for the pony she was returned used and abused :-( we had been to see her twice in the six weeks and all was good. She had a large infestation of red worm and had to go on a five day wormer. That was obviously not their fault! By the end if October she was bright and happy and I took her to the last pony club show and she won the class without even trying :-) happy ending! She found a lovely home the following spring.
 
I'm going through similar, where I'm being threatened to be taken to court as my mare lost weight due to health reasons, which a vet is also aware of.

I suggest taking legal advice, someone like Citizen's Advice can advise you on this situation free of charge. They also have their own solicitors, regardless of the foundations or subject of the case, they have knowledgeable colleagues that can help! They advised me, and I have a case pending of the actions of the other involved!

Firstly, after 4 months, it would fall down to her own fault. Had she been in contact sooner, it may have been a different scenario. ANY horse can buck! As others have said, private sales usually have no leg to stand on, due to it being down to "buyer's beware", therefore, it is the responsibility of the buyer to cover all areas possible, before considering exchanging monetary value.

Your friend must explain that she had the horse vetted - try contacting the vet that did so, and if possible, collect copies of the assessments. If anyone can witness her bringing fellow friends for second opinions, ask them for statements. Provide ANY vets, dentists, farrier statements if possible, to second your word.

Lastly, DO NOT REPLY TO THE LETTER!! I was advised not to contact the other person involved in my case, therefore, they have nothing to hold against you! Keep this "letter" she wrote as it can be used as harassment and threatening behavior, as well as blackmail. All of which are NOT taken lightly in court! Keep any messages, letters etc from this woman.

Do not retaliate. Simply give her the rope and allow her to do the rest. She is hanging on by threads already with her behavior!
 
horsestar said:
We sold a pony once on loan with view to buy £200 deposit paid. They had the pony the whole six week summer holiday then returned it saying it didn't hunt so they didn't want it! They then tried to claim worming cost teeth cost vaccination cost a saddle fitting cost :-0 it went to court and because mum had not got a singed receipt to say sold as seen the court made her pay the £200 deposit back. But they agreed that she didn't have to pay the costs of everything else as they accepted responsibility for the animal by taking it in the first place, therefore any requirements were to be met by them! Sadly for the pony she was returned used and abused :-( we had been to see her twice in the six weeks and all was good. She had a large infestation of red worm and had to go on a five day wormer. That was obviously not their fault! By the end if October she was bright and happy and I took her to the last pony club show and she won the class without even trying :-) happy ending! She found a lovely home the following spring.
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Hunting in the summer holidays? surely some mistake!!
 
Your friend should get legal advice from a specialist equine solicitor before doing anything else.
Here is a list of some specialist equine solicitors:

Caroline Bowler
Actons Solicitors
Tel: 0115 91002200

Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton
www.equinelaw.co.uk

Hannah Campbell
Tel: 01446 794196
www.horsesolicitor.co.uk
@horse solicitor

Elizabeth Simpson Senior Solicitor at Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk
 
Bit strange that its 4 months down the line. Perhaps she's changed his tack/diet etc to trigger it but surely these problems would have occured much sooner if he was sold that way, and she's left it a long time! If it were a dealer who sold the horse, they usually allow 30 days for the horse to be returned, not 4 months..
 
I think its so stupid when things like this happen.

as others have said purchaser made to attemt to keep in touch or contact the sell.
Then they send this ridiculas letter.

if you were having problems with a new horse wouldnt you contact the seller for advice as they know the horse?

I dont think buyer can do anything to seller but id be worried what happened to the horse and where it will now end up!
 
My friend went through the same. She was exceptionally honest about the pony's abilities & sold this confidence giving bomb proof pony to an apparently lovely woman who was a nervous rider - she brought her instructor & her sister with her for viewing/ trial. Riding instructor jumped on. All good. Supposedly only using the pony as recomended - hacking & showing in hand. Ended up doing dressage with her every day even tho she was told of limitations. After 6 weeks, the woman became terrified of this mild mannered pony & branded her as dangerous & demanded a refund. My friend was very fond of the pony & was frightened of the prospect of the woman not taking due care to find her a good home, so did end up buying her back after being threatened legally. Poor pony was so chuffed to be home ! But my friend had to pull out all the stops to get enough cash together ! My big girl was no angel when she arrived with me. It's about building a bond & understanding each other. Took us about a year to click properly. They're sentient animals - not machines !
 
Silver-Dove said:
A friend of ours sold her lovely gelding to a lady 4 months ago. He apparently went to a very nice home. Our friend did email and text the lady when he first was sold to see how they were getting on, but heard nothing back. She has now received a threatening letter saying the horse is dangerous and has bucked her off and he is going to another yard to be sold on. The letter says she has to buy the horse back within 24 hours of the date of the letter, or the lady will claim against her in court if she loses money on the horse and will claim for livery bills, vetting, tack etc.

The horse was lovely, the lady came twice to try him and brought 2 different people with her for 2nd opinions, she also had the horse vetted. Where does my friend stand as she has no way of buying the horse back ???????? Thank you:confused:
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4 months is a long time - plenty long enough for anything to happen and not your friends fault at all.

The new owner tried him twice before she bought him. She even brought along 2 different advisors and she trusted their opinions (not your friends). The vet passed him, so he was sound when he went.

I don't see how your friend is at fault. The rule Caveat Emptor (buyer beware) applies. But I mean, seriously, after 4 months, do you really think any Judge is going to make your friend take the horse back? Can't see it myself.
 
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